Robertson v. City and County of Denver

Judge BRIGGS

specially concurring.

I concur in the analysis and conclusion reached by the majority. I write separately only to note all the parties’ confusion over the supposed requirement of “proof beyond a reasonable doubt” that a legislative enactment is unconstitutional. Contrary to the parties’ apparent understanding, it is not a constitutional standard of review. It is, at most, an ultimate burden of persuasion.

The parties’ confusion is but one example of the difficulties engendered by the insistence of our appellate courts in stating that a party must “prove” a legislative enactment…